SHANKAR NARAYAN SINGH Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) PETITIONER has retired with effect from 01.03.2010 pursuant to the impugned notice dated 08.10.2009 which has been challenged in the present writ application in 2011.

(3.) AS per the respondents who have appeared and filed their counter affidavit, the issue relating to wrong recording of date of birth is an industrial dispute and it could have been agitated before the forum created under the Industrial Disputes Act, 1947. It is further stated that the dispute relating to the same was raised by Bihar Colliery Kamgar Union, Dhanbad vide its letter dated 09.10.2009. Thereafter, a tripartite settlement was arrived at between the parties in presence of A.L.C. (C), Dhanbad on 22.11.2011 that the matter would be discussed at the area level and would be decided as per norms of the company vide annexure -A to the counter affidavit). The matter was taken up before the Area Personnel Manager, Sijua Area, BCCL who has rejected the claim on 20.01.2012 vide annexure -B. According to the respondents, reason for rejection is that in the Form -B Register of the concerned workman, no entry of his date of birth was found to be recorded. He was referred to the Medical Board for assessment of his age which was thereafter assessed as 37 years as on 19.02.1987. Accordingly, his date of birth was recorded as 19.02.1950 (Annexure -C). It is further stated that the petitioner has already withdrawn his provident fund and gratuity and is receiving his monthly pension on month to month basis which is evident from the order of rejection dated 20.01.2012 itself. Therefore, according to the respondents, no interference is required in the impugned notice and neither the order of rejection based upon the consideration of his claim passed during the pendency of the writ petition is under challenge.